About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job.…
The Employer Handbook Blog
Without this key element, you can kiss that retaliation claim goodbye
A plaintiff asserting a retaliation claim against his employer must establish three elements: A protected activity (such as complaining about discrimination), A materially adverse employment action (such as a termination of employment), and A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)…
The lengths to which some will go to get FMLA leave — like faking pregnancy. . . three times
(Allegedly.) Three lies and no baby. According to a Georgia Office of the Inspector General (OIG), a state employee informed HR that she was pregnant in October 2020. Seven months later, in May 2021, she announced that she had given birth. The employer later received an email from an individual claiming…
Why did a federal judge call an appellate decision on private COVID-19 mandates an “orgy of jurisprudential violence?”
And that’s just the tip of the iceberg in this blistering (albeit, PG-rated) 58-page dissent to yesterday’s non-precedential Fifth Circuit decision, in which the majority concluded that a private company’s workplace vaccine mandate could irreparably harm individuals with disabilities and strong religious beliefs. So, orgies, eh? That’s nothing. Check out…
That time the EEOC recovered $250K for a C-Suite employee who claimed disability discrimination
Proving that the U.S. Equal Employment Opportunity Commission doesn’t just enforce anti-discrimination laws on behalf of the “little guy,” the EEOC announced on Monday that it had recovered $250,000 from a company that allegedly terminated its former CFO because of his disability. Yes, that’s when it happened. Or, at least…
This one goes out to all you New Jersey arbitration nerds.
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn. (The rest…
What do you get when you cross a forklift operator using opioids with HR playing doctor?
You get a jury trial on an Americans with Disabilities Act claim. Paging Doctor HR! Last night, I read a 38-page federal court decision with a fact pattern that, unfortunately, sounds all-too-familiar. The plaintiff applies for a position as a forklift operator — a position he has held…
From the archives: 🔎Your post-Super Bowl guide to spotting employee FMLA or other sick leave abuse🔍
I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers can do (legally) to address it. Then, I remembered that I wrote about it back in 2020. So, since I’m feeling lazy pragmatic,…
You can start playing Taps for your company’s agreements to arbitrate sexual harassment claims
On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact. Folks, they may not make it to the Super Bowl. On Monday night, the House voted 335-97 to pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…
Read this before you go ham on employees who badmouth your company online.
I’m not sure if we are still in the middle of the “Great Resignation,” the “Great Renegotiation,” or something else entirely. I am sure, however, that I could go for a great piece of coconut cream pie right now. Additionally, I know that among life’s certainties are death, taxes, and employees…